Ghost Ship fire: Plea deals discussed, but July trial more likely

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Ryon Gesnik, of Oakland, pays his respects as Investigators carry on their work at the Ghost Ship warehouse in Oakland, Calif., on Tuesday, Dec. 13, 2016. Thirty-six people died in the Dec. 2 fire on 31st Avenue and International Boulevard. (Jane Tyska/Bay Area News Group Archives)

OAKLAND — Plea deals for the two men charged in the deadly Ghost Ship fire were discussed for the first time during a hearing Thursday afternoon, but a trial beginning next month is more likely.

For about 45 minutes, prosecutors and defense attorneys for Derick Almena and Max Harris met with Judge Morris Jacobson in his chambers to see if the criminal case could be resolved before what is expected to be a lengthy trial.

The prison term in exchange for a plea offered by Deputy District Attorney David Lim, however, was too long, said Tony Serra, who represents Almena, and Curtis Briggs, who represents Harris. Outside of court, Serra was adamant the case would go to trial, while Briggs said he would be open to a deal if a much shorter term was offered.

If convicted on all 36 counts of involuntary manslaughter — one count for each person killed in the Dec. 2, 2016, fire — Almena, 48, and Harris, 28, could face sentences equivalent to life in prison, given their ages.

Judge Jacobson on Thursday ruled the trial will begin July 16, denying a motion filed by Briggs to delay the proceedings until September. Serra argued any delay would harm Almena, who because of his incarceration is on suicide watch, has gained 40 pounds and suffers from depression and “psychological consequences.”

“My client is an artist, he’s a free spirit; when you put that kind of bird in a cage they wither,” Serra told Jacobson.

Th trial could last at least four months. Prosecutors plan to call 30 or 40 witnesses from a list of 50 potential witnesses, and Briggs and Serra expect to each call 10 to the stand.

Briggs said he plans to subpoena Oakland Mayor Libby Schaaf to testify. The attorney plans to ask her about comments she made in response to a Bay Area News Group investigation detailing the numerous times police officers entered the building, sometimes threatening to shut it down. In television news interviews, Schaaf defended the officers, saying they were not trained to identify fire safety hazards. If police officers are not expected to know about fire dangers, Harris should not be either, Briggs said.

David DeBolt is a reporter for the Bay Area News Group who covers Oakland. DeBolt grew up in the Bay Area and has worked for daily newspapers in Palo Alto, Fairfield and Walnut Creek. He joined the organization in 2012.

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